ANKYRAS Terms of Use
GENERAL - SCOPE:
1.1 The following terms and conditions apply to all services provided by Mentice Spain SL Medical S.L.
through ANKYRAS website. The current law at the client country rules when a contract
is put into effect between Mentice Spain SL Medical SL and the client.
1.2 Dissenting, conflicting or additional customer terms and conditions, even if acknowledged,
are not part of the contract unless their validity is expressly agreed upon.
CONCLUSION OF THE CONTRACT:
2.1 Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt
of the customer's order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.
2.2 We are entitled to accept the offer of a contract (the “order”) within a
period of 5 working days after receipt. We are also entitled to reject the order after examining the reliability of the customer.
If we do not explicitly accept or reject the order after 5 working days, the order is accepted.
SCOPE OF SERVICES:
3.1 ANKYRAS is intended to assist healthcare professionals in the selection of a proper braided device for treatment
of intracranial aneurysms, also allowing them to assess the fit of each particular braided device in the patients’ anatomy. The service allows the prediction
of the final position of the device after being placed inside the vascular patient anatomy, the changes in the braided device geometry after being placed inside the vascular
patient anatomy and the geometrical characteristics of the braided device such as the radial expansion and the local surface porosity.
3.2 It is intended for use by qualified medical professionals experienced in examining and evaluating 3D rotational angiography images,
for the purpose of obtaining diagnostic information as part of a comprehensive diagnostic decision-making process.
3.3 The service does not provide any instruction of use about the simulated devices. The final placement of a braided device inside patient anatomy
is done under the agreement between the client and the distributor company that rules the terms to comply the device specifications.
3.4 The services offered are valid for a period defined on the contract agreement between client an Mentice Spain SL Medical S.L.
The client can ask to remove his data from ANKYRAS after the conclusion of the contract accordingly with the terms expose on privacy policy.
3.5 The service is intended for use only in regions where the certification is valid, as indicated by the labeling in the software. In other regions, it may only be used for demonstration purposes.
DATA INTEGRITY:
4.1 Mentice Spain SL Medical SL performs daily backups of the data bases. In case a client finds a data loss is on the client side to communicate it to
Mentice Spain SL Medical SL which will track the causes and inform the client.
4.2 Sensible patient data is stored encrypted on the data bases. It is a responsibility of the client to requested the patient consentient to use his data.
It is on client decision to upload the data anonymized or not accordingly to the requested patient consent.
4.3 Only certain types of scans are stored in ANKYRAS, those corresponding to volumetric images. Any other data is removed from the uploaded studies.
Only DICOM data can be uploaded to ANKYRAS, the data is transformed into an ANKYRAS data type and the DICOM is removed. It is responsibility of the client the uploading of medical data accordingly to the intended use of ANKYRAS.
4.4 The client will receive a client ID and password for security purposes. This is used to access client ANKYRAS account and must be kept confidential.
The client will be held liable for any malpractice resulting from the unauthorized use of the password.
If the customer becomes aware that unauthorized third parties know the password, they have to inform us without delay. If the client is at fault for third-party password abuse, the client will be liable of all possible damages caused on the account.
In suspicious cases the client should request a new password, which will be send to the client private email.
PRIVACY:
5.1 Our data protection policies are in accordance with the GDPR (European Union's General Data
Protection Regulation).
5.2 Personal data of customers will only be collected and used if they are required for the creation, content arrangement or modification of the contractual relationship.
The client is obligated to update these data in its online administrations interface.
5.3 The client’s Email address will be used for invoices, information on orders and changes on ANKYRAS service.
5.4 We do not give any personal client information to third parties, with the exception of the data storage service detail on the Privacy Policy.
5.5 The client has the right to information and a right to amend, to suspend or to delete his saved information. If deletion conflicts with a legal or
contractual duty to save information, or other legal grounds, the information will be made inaccessible.
LIABILITY:
6.1 For direct damages, secondary damages or lost profits due to technical problems and disturbances
within the Internet that are not in our sphere of influence, we assume no liability.
6.2 With regards to contractors, we are not liable for minor negligence of contractual obligations.
This does not apply to all cases of personal injury and is in accordance with the product liability law. For indirect damages and loss of profits, we are liable only in cases of
intentional or gross negligence. In this case we are liable only for the contract-typical predictable damage, a maximum of 100% of the annually fee.
6.3 If the client uploaded data is in violation with paragraphs 4.2 and 4.3,
they shall be liable to us for all of the resulting direct and indirect damages, including property damage. In addition, the customer agrees to free us from all
claims by third parties – no matter which kind – that may result from non-consent data. The exemption obligation includes liability for all legal defense costs
(e.g. court and attorneys' fees)
TERMS OF PAYMENT:
7.1 The terms of payment will be defined on the contract agreement between the client and Mentice Spain SL Medical S.L.
CONTRACT DURATION/CANCELLATION/PLACE OF EXECUTION:
8.1 Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.
8.2 The contract is cancellable without giving reasons by both parties at any time. A cancellation can be done in writing by letter, fax,
email or via the secure online administrations interface, provided this option is available.
8.3 We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would
be in the case of non-payment under the conditions of the contract agreement between the client and Mentice Spain SL Medical SL Another important reason, among others, can also be that the customer contravenes or ignores warnings about
infringement of the requirements of paragraphs 4.2 and 4.3.
8.4 The place of business for all services under this contract is Spain. Jurisdiction for all disputes arising from this contract is for the relevant Spanish
court if the customer is a contractor, a legal entity of public law, or public legal special fund.
The same applies if the customer does not have general jurisdiction in Spain or when the domicile or habitual residence at the time of the action is not known.
We are also entitled to take legal action in the country of residence of the customer.
8.5 If the client intends to devolve his contractual rights to another person, he requires Mentice Spain SL Medical SL consent. Devolution of contractual rights can only
be done in writing by letter, fax or via the secure online administrations interface, provided this option is available. When devolution is carried out by letter or fax, the previous and the new contract partners must both provide a signature.
CANCELLATION:
9.1 The client has the right to withdraw a sign contract with Mentice Spain SL Medical SL within fourteen
days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, the client must
inform Mentice Spain SL Medical SL, c/ Paris 179, 2 2, 08007 Barcelona, Spain, Telephone: (+34) 93 328 39 64, email: info@Mentice Spain SLmedical.com, of his decision to withdraw from a signed contract by an unequivocal statement
(e.g. a letter sent by post, fax, Email or via the secure online administrations interface). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right
of withdrawal before the withdrawal period has expired.
9.2 If client withdraw from a signed contract, Mentice Spain SL Medical SL will reimburse all payments received from the client, including the costs of delivery
without undue delay and in any event not later than fourteen days from the day on which Mentice Spain SL Medical SL is informed about the decision to withdraw the contract. Mentice Spain SL Medical SL will carry out such reimbursement using the same means of
payment as client used for the initial transaction, unless the client has expressly agreed otherwise, in any event, the client will not incur any fees as a result of such reimbursement.
If the client requested to begin the performance of service during the withdrawal period, the client shall pay Mentice Spain SL Medical SL an amount which is in proportion to what has been provided until the client has
communicated Mentice Spain SL Medical SL the withdrawal from the contract, in comparison with the full coverage of the contract.
QUERIES AND COMPLAINTS:
The contact address for any question, doubt or complaint about the services provided by ANKYRAS is provided below:
Mentice Spain SL Medical SL.
Tlf: (+34) 93 328 39 64
C/ París 179, 2 2
Barcelona, Barcelona 08007
CIF - B66090127
Email: ankyras.info@Mentice Spain SLmedical.com
